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Academic

Legal Theory Blog Legal Theory Blog

Thoughts about current developments in normative legal theory and jurisprudence.
By Larry Solum

Post Frequency: 67.6/day

Last Entry: April 01, 2011 at 13:55:00

Recent Entries: 5612

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Phull & Crosby on Constitutional Entrenchment of Social & Economic RIghts in Canada & India

Posted on January 14, 2010
Chetan Phull and Dylan Crosby (Queen's University - Faculty of Law and Queen's University - Faculty of Law) have posted Toward Constitutional Entrenchment of Property Rights, Cultural Rights and a Right to Education: India?s Experience Considered in Canada on SSRN...


Wilson on Police Lies

Posted on January 14, 2010
Melanie D. Wilson (University of Kansas - School of Law) has posted Judging Police Lies: An Empirical Perspective on SSRN. Here is the abstract: This article presents findings from an empirical study of judicial orders in one Midwestern federal district...


Bix on Austin & the Practice & Perception of Law

Posted on January 14, 2010
Brian Bix (University of Minnesota Law School) has posted John Austin and Constructing Theories of Law (Minnesota Legal Studies Research) on SSRN. Here is the abstract: This paper was presented at the Conference, "John Austin and His Legacy," held at...


Bellamy on Democracy & the EU

Posted on January 14, 2010
Richard Bellamy (University College London - Department of Political Science) has posted Democracy Without Democracy? Can the EU's Democratic 'Outputs' be Separated from the Democratic 'Inputs' Provided by Competitive Parties and Majority Rule? (Journal of European Public Policy, Vol...


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Program Announcement: Doctoral Program in Law at the European University Institute

Posted on January 14, 2010
The European University Institute in Fiesole, Italy, has asked me to post an announcement regarding their doctoral program in law: Doctoral Programme The Department of Law (LAW) offers a programme leading to the Doctorate in Law. For the general rules...


Brown on the Public Company Accounting Oversight Board & Separation of Powers

Posted on January 14, 2010
Kimberly N. Brown (University of Baltimore School of Law) has posted Presidential Control of the Elite ?Non-Agency? (North Carolina Law Review, Vol. 88, 2009) on SSRN. Here is the abstract: This article examines the constitutionality of legislation creating a new...


Smith on Koppelman on Balkin on Originalism & Living Constitutionalism

Posted on January 14, 2010
Steven Douglas Smith (University of San Diego School of Law) has posted Originalism and the (Merely) Human Constitution (Constitutional Commentary, Forthcoming) on SSRN. Here is the abstract: This brief essay, written by invitation as a comment on an essay by...


Graber on the Interpretation-Construction Distinction Panel at the AALS

Posted on January 13, 2010
Mark Graber has a very nice Balkinization post on the AALS Constitutional Law Section's program on this past Saturday, but I want to comment on his central thesis: A large number of any interpretation/construction distinctions exist. Commentators easily slip from...


Lee on Technological Fair Use

Posted on January 13, 2010
Edward Lee (Ohio State University - Michael E. Moritz College of Law) has posted Technological Fair Use (Southern California Law Review, Forthcoming) on SSRN. Here is the abstract: The Article proposes a framework tailoring fair use specifically for technology cases...


Call for Papers: Empirical Legal Studies at Yale

Posted on January 13, 2010
CALL FOR PAPERS: FIFTH ANNUAL CONFERENCE ON EMPIRICAL LEGAL STUDIES AT YALE LAW SCHOOL November 5-6, 2010 The Conference on Empirical Legal Studies 2010 of the Society for Empirical Legal Studies (SELS) will be held at the Yale Law School,...


Oman on the Irrelevance of Legal Substance

Posted on January 13, 2010
Check out this post by Nate Oman. Here is a taste: Legal intellectuals are largely focused on regulating transactional structures or the governance of financial institutions. In other words, we are looking at the sorts of things that we are...


Workshop Announcement: Conducting Empirical Scholarship at Northwestern

Posted on January 13, 2010
The upcoming Conducting Empirical Legal Scholarship Workshop presented by Northwestern University School of Law and Washington University School of Law, will take place May 24-26, 2010, at Northwestern University School of Law in Chicago. The Conducting Empirical Legal Scholarship workshop...


Link Fixed

Posted on January 13, 2010
Yesterday, I posted on Lynn C. Percival's Bivens Gone Wild: A Critique of the Recent Recognition of a Novel Bivens Remedy in Padilla v. Yoo. The link was broken & now has been fixed.


Samuelson on the Google Book Search Deal

Posted on January 13, 2010
Pamela Samuelson (UC Berkeley School of Law) has posted Google Book Search and the Future of Books in Cyberspace (Minnesota Law Review, Forthcoming) on SSRN. Here is the abstract: The Google Book Search (GBS) initiative once promised to test the...


Johnson on the Injunction in the CERN LHC Case & the End of the World

Posted on January 13, 2010
Eric E. Johnson (University of North Dakota School of Law) has posted The Black Hole Case: The Injunction Against the End of the World (Tennessee Law Review, Vol. 76, No. 4, pp. 819-908, 2009) on SSRN. Here is the abstract:...


More on the AALS Panel on the Interpretation-Construction Distinction

Posted on January 13, 2010
Last week in New Orleans, I participated in a panel on the interpretation-construction distinction. Mark Graber added some very interesting comments on Balkinization, to which I replied. Randy Barnett has now added some remarks on the Volokh Conspiracy...


Smith on Vining

Posted on January 13, 2010
Steven Douglas Smith (University of San Diego School of Law) has posted Persons All the Way Up (Villanova Law Review, Forthcoming) on SSRN. Here is the abstract: This essay, written for the 2009 John F. Scarpa Conference at Villanova focusing...


Abel on Language Access in State Courts

Posted on January 13, 2010
Laura Abel (Brennan Center for Justice at NYU School of Law) has posted Language Access in State Courts on SSRN. Here is the abstract: Almost 25 million people in the U.S. have limited proficiency in English (LEP), meaning that they...


Hasen on Elmendorf on Hasen on the Democracy Canon

Posted on January 12, 2010
Richard L. Hasen (Loyola Law School Los Angeles) has posted The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf (Cornell Law Review, Vol. 95, 2010) on SSRN. Here is the abstract: In a...


Dubber on Commonwealth v. Keller

Posted on January 12, 2010
Markus D. Dubber (University of Toronto - Faculty of Law) has posted Commonwealth v. Keller: The Irrelevance of the Legality Principle in American Criminal Law on SSRN. Here is the abstract: Commonwealth v. Keller, 35 Pa. D. & C.2d 615...


Percival on Padilla v. Yoo

Posted on January 12, 2010
Lynn C. Percival IV (Campbell University School of Law) has posted Bivens Gone Wild: A Critique of the Recent Recognition of a Novel Bivens Remedy in Padilla v. Yoo on SSRN. Here is the abstract: This short paper considers the...


Mutua on Dudziak on Marshall in Africa

Posted on January 12, 2010
Makau W. Mutua (University at Buffalo Law School, SUNY) has posted (Book Review) Exporting American Dreams: Thurgood Marshall?s African Journey by Mary L. Dudziak (Human Rights Quarterly, Vol. 31, pp. 1146-1155, 2009) on SSRN. Here is the abstract: This review...


Ronen on International Criminal Court Jurisdiction over the Gaza Strip

Posted on January 12, 2010
Yael Ronen (Minerva Center, Faculty of Law, Hebrew University of Jerusalem) has posted ICC Jurisdiction Over Acts Committed in the Gaza Strip: Article 12(3) of the ICC Statute and Non-State Entities (Journal of International Criminal Justice, Vol. 7, No...


Finkelman on Hoffer, Hoffer, and Hoffer & Powe on the History of the Supreme Court

Posted on January 12, 2010
Paul Finkelman (Albany Law School - Government Law Center) has posted The Constitution, the Supreme Court, and History (Texas Law Review, Vol. 88, No. 2, 2009) on SSRN. Here is the abstract: This article is a book review of The...


Stein on the Conveniton on the Rights of Persons with Disabilities

Posted on January 12, 2010
Michael Stein (William & Mary Law School) has posted Monitoring the Convention on the Rights of Persons with Disabilities: Innovations, Lost Opportunities, and Future Potential (Human Rights Quarterly, Vol. 31, 2010) on SSRN. Here is the abstract: As the first...


Walen on Constitutional Rights for Nonresident Aliens

Posted on January 11, 2010
Alec D. Walen (Institute for Philosophy and Public Policy) has posted Constitutional Rights for Nonresident Aliens (Philosophy and Public Policy Quarterly, Vol. 29, No. 3/4, Summer/Fall 2009) on SSRN. Here is the abstract: I argue that nonresident aliens, in places...


Steilen on Minimalism & Democrary

Posted on January 11, 2010
Matthew Steilen has posted Minimalism and Deliberative Democracy: A Closer Look at the Virtues of "Shallowness" (Seattle University Law Review, Vol. 33, 2010) on SSRN. Here is the abstract: Cass Sunstein has long argued that judicial minimalism promotes democracy...


Heller on Schmitt & Nuremberg

Posted on January 11, 2010
Check out Kevin Jon Heller's Carl Schmitt's Nuremberg Near Miss by Kevin Jon Heller on Opinio Juris. Here is a taste: I am particularly fascinated by how close Carl Schmitt, the political theorist who has influenced both the right and...


Schwartzman on Public Reason

Posted on January 11, 2010
Micah Schwartzman (University of Virginia School of Law) has posted The Sincerity of Public Reason (Journal of Political Philosophy, Forthcoming) on SSRN. Here is the abstract: An important objection to the idea of public reason is that it permits and...


Kuo on Constitutional Nomos & Political Ordering

Posted on January 11, 2010
Ming-Sung Kuo (Yale University - Law School) has posted Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering (Ratio Juris, Forthcoming) on SSRN. Here is the abstract: Drawing upon Hannah Arendt?s and Carl Schmitt?s theories on the relationship...


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